The General Assembly finds and declares that the office of
sheriff, the office of deputy sheriff and the other officers and employees of
the sheriff of a county are unique among all of the law-enforcement offices of
North Carolina. The administration of criminal justice has been declared by
Chapter 17C of the General Statutes to be of statewide concern to the people of
the State. The sheriff is the only officer of local government required by the
Constitution. The sheriff, in addition to his criminal justice
responsibilities, is the only officer who is also responsible for the courts of
the State, and acting as their bailiff and marshall. The sheriff administers
and executes criminal and civil justice and acts as the ex officio detention
officer.

The deputy sheriff has been held by the Supreme Court of this
State to hold an office of special trust and confidence, acting in the name of
and with powers coterminous with his principal, the elected sheriff.

The offices of sheriff and deputy sheriff are therefore of
special concern to the public health, safety, welfare and morals of the people
of the State. The training and educational needs of such officers therefore
require particularized and differential treatment from those of the criminal
justice officers certified under Chapter 17C of the General Statutes. (1983, c. 558, s. 1; 1995, c. 103, s.
1.)

§ 17E-2. Definitions.

Unless the context clearly requires otherwise, the following
definitions apply to this Chapter:

(2) "Office" or "department" means
the sheriff of a county, his deputies, his employees and such equipment, space,
provisions and quarters as are supplied for their use.

(3) "Justice officer" means:

a. A person who, through the special trust and
confidence of the sheriff, has taken the oath of office prescribed by Chapter
11 of the General Statutes as a peace officer in the office of the sheriff.
This term includes "deputy sheriffs", "reserve deputy
sheriffs", and "special deputy sheriffs", but does not include
clerical and support personnel not required to take an oath. The term
"special deputy" means a person who, through appointment by the
sheriff, becomes an unpaid criminal justice officer to perform a specific act
directed by the sheriff; or

b. A person who, through the special trust and
confidence of the sheriff, has been appointed as a detention officer by the
sheriff; or

c. A person who is either the administrator or other
custodial personnel of district confinement facilities as defined in G.S. 153A-219;
however, nothing in this Chapter transfers any supervisory or administrative
control over employees of district confinement facilities to the office of the
sheriff; or

d. A person who, through the special trust and
confidence of the sheriff, is under the direct supervision and control of the
sheriff and serves as a telecommunicator, or who is presented to the Commission
for appointment as a telecommunicator by an employing entity other than the
sheriff for the purpose of obtaining certification from the Commission as a
telecommunicator. (1983, c. 558, s. 1; c. 745, s. 1;
1991, c. 265, s. 1; 1995, c. 103, s. 2; 1997-443, s. 20.11(b).)

(a) There is hereby established the North Carolina
Sheriffs' Education and Training Standards Commission. The Commission shall be
composed of 17 members as follows:

(1) Sheriffs. - Twelve sheriffs appointed by the North
Carolina Sheriffs' Association, 10 representing each of the Commission
Districts established in this section, and two appointed at large in such
manner as shall be prescribed by the Constitution or bylaws of the Association.

(2) Appointees of the General Assembly. - One person
appointed by the Speaker of the House of Representatives pursuant to G.S. 120-121
and one person appointed by the General Assembly upon the recommendation of the
President Pro Tempore of the Senate pursuant to G.S. 120-121.

(3) County Commissioners. - One county commissioner
appointed by the Governor as recommended from three nominees from the North
Carolina Association of County Commissioners.

(4) Others. - The President of the Community Colleges
System or the President's designee and the Dean of the School of Government at
the University of North Carolina at Chapel Hill or the Dean's designee shall be
ex officio, nonvoting members of the Commission.

(b) Terms. - Members shall be appointed for staggered
terms. Beginning September 1, 1995, sheriffs representing Commission Districts
3, 6, and 9 shall be appointed to three-year terms; sheriffs representing
Commission Districts 1, 4, and 7 shall be appointed to one-year terms; sheriffs
representing Commission Districts 2, 5, 8, and 10 and the two at-large
sheriffs, shall be appointed to two-year terms. The appointee of the House of
Representatives shall serve a term of two years. The appointee of the Senate
shall serve a term of two years. The county commissioner appointed by the North
Carolina Association of County Commissioners shall serve a term of two years.
After the initial terms established herein have expired, all sheriffs appointed
to the Commission shall be appointed to terms of three years.

If an individual ceases to be a sheriff then his seat on the
Commission becomes vacated upon his ceasing to be qualified to hold that seat.
Any individual appointed or designated to serve on this Commission shall serve
until his successor is appointed and qualified.

(c) Vacancies. - If any vacancy occurs in the
membership of the Commission, the appointing authority shall appoint another
person to fill the unexpired term of the vacating member.

(d) Compensation. - None of the members of the
Commission shall receive compensation for serving on the Commission. However,
if the North Carolina Department of Justice has funds available, then members
of the Commission who are State officers or employees may be reimbursed for
their expenses in accordance with G.S. 138-6; members of the Commission who are
full-time salaried public officers or employees other than State officers or
employees may be reimbursed for their expenses in accordance with G.S. 138-5(b).
All other members of the Commission may receive compensation and reimbursement
for expenses in accordance with G.S. 138-5.

(e) Officers. - The chairman shall be elected from
among the membership. The Commission shall select its other officers from among
the membership as it deems necessary. All officers serve for one year, or until
successors are qualified.

(f) Removal. - The Commission may remove a member for
misfeasance, malfeasance, nonfeasance or neglect of duty.

(g) The Commission has power to adopt its own rules of
procedure. The Commission shall meet no less than four times a year. It shall
also meet on the call of the chairman or vice-chairman, or any four members of
the Commission.

(h) The Commission may appoint any resident of the
State to an adjunct or special committee created or appointed by it to study or
make recommendations or reports on any subject matter related to its duties or
the office of sheriff.

(i) Members of the Commission shall have the
authority to designate, in writing, one member of his office to represent them
and, if the member possesses voting authority, vote for them on the Commission
at all meetings the voting member is unable to attend. This voting authority
shall extend to all matters brought before the Commission which require a vote,
to include the entry of final agency decisions and the adoption of
administrative rules.

(j) The State is divided into 10 Commission Districts
established for the appointment of members of the North Carolina Sheriffs'
Education and Training Standards Commission as follows:

(a) The Commission shall have the following powers,
duties, and responsibilities, which are enforceable through its rules and
regulations, certification procedures, or the provisions of G.S. 17E-8 and G.S.
17E-9:

(1) Promulgate rules and regulations for the
administration of this Chapter, which rules may require (i) the submission by
any agency of information with respect to the employment, education, and
training of its justice officers, and (ii) the submission by any training
school of information with respect to its programs that are required by this
Chapter;

(2) Establish minimum educational and training
standards that may be met in order to qualify for entry level employment as an
officer in temporary or probationary status or in a permanent position. The
standards for entry level employment of officers shall include training in
response to, and investigation of, domestic violence cases, as well as training
in investigation for evidence-based prosecutions. For purposes of the domestic
violence training requirement, the term "officers" shall include
justice officers as defined in G.S. 17E-2(3)a., except that the term shall not
include "special deputy sheriffs" as defined in G.S. 17E-2(3)a.;

(3) Certify, pursuant to the standards that it may
establish for the purpose, persons as qualified under the provisions of this
Chapter who may be employed at entry level as officers;

(4) Establish minimum standards for the certification
of training schools and programs or courses of instruction that are required by
this Chapter;

(5) Certify, pursuant to the standards that it has
established for the purpose, training schools and programs or courses of
instruction that are required by this Chapter;

(6) Establish standards and levels of education or
equivalent experience for teachers who participate in programs or courses of
instruction that are required by this Chapter;

(7) Certify, pursuant to the standards that it has
established for the purpose, teachers who participate in programs or courses of
instruction that are required by this Chapter;

(8) Investigate and make such evaluations as may be
necessary to determine if agencies are complying with the provision of this
Chapter;

(9) Adopt and amend bylaws, consistent with law, for
its internal management and control;

(10) Enter into contracts incident to the administration
of its authority pursuant to this Chapter;

(11) Establish minimum standards for in-service training
for justice officers. In-service training standards shall include training in
response to, and investigation of, domestic violence cases, as well as training
in investigation for evidence-based prosecutions. For purposes of the domestic
violence training requirement, the term "justice officer" shall
include those defined in G.S. 17E-2(3)a., except that the term shall not
include "special deputy sheriffs" as defined in G.S. 17E-2(3)a.;

(12) Establish minimum standards and levels of training
for certification of instructors for the domestic violence training required by
subdivisions (2) and (11) of this subsection.

The Commission may certify, and no additional certification
shall be required from it, programs, courses and teachers certified by the
North Carolina Criminal Justice Education and Training Standards Commission.
Where the Commission determines that a program, course, instructor or teacher
is required for an area which is unique to the office of sheriff, the
Commission may certify such program, course, instructor, or teacher under such
standards and procedures as it may establish.

(b) The Commission shall have the following powers,
which shall be advisory in nature and for which the Commission is not authorized
to undertake any enforcement actions:

(1) Certify, pursuant to the standards that it has
established for the purpose, justice officers for those law-enforcement
agencies that elect to comply with the minimum education, training, and
experience standards established by the Commission for positions for which
advanced or specialized training, education, and experience are appropriate;

(2) Consult and cooperate with counties, agencies of
this State, other governmental agencies, and with universities, colleges,
junior colleges, and other institutions, public or private, concerning the
development of training schools and programs or courses of instruction;

(3) Study and make reports and recommendations
concerning justice education and training in North Carolina;

(4) Conduct and stimulate research by public and
private agencies which shall be designed to improve education and training in
the administration of justice;

(5) Study, obtain data, statistics, and information and
make reports concerning the recruitment, selection, education and training of
persons serving justice agencies in this State; to make recommendations for
improvement in methods of recruitment, selection, education and training of
persons serving sheriffs' departments;

(6) Study and make reports and recommendations to the
Governor, Attorney General, Chief Justice, President of the Senate and Speaker
of the House, concerning the manpower, salary and equipment needs of the
sheriffs of the State;

(7) Make recommendations concerning any matters within
its purview pursuant to this Chapter;

(8) Appoint such advisory committees as it may deem
necessary;

(9) Do such things as may be necessary and incidental
to the administration of its authority pursuant to this Chapter;

(10) Formulate basic plans for and promote the
development and improvement of a comprehensive system of education and training
for the officers and employees of agencies consistent with its rules and
regulations;

(11) Maintain liaison among municipal, State and federal
agencies with respect to education and training;

(a) There is hereby established, within the Department
of Justice, the Justice Officers' Standards Division hereinafter called
"the Division," which shall be organized and staffed in accordance
with applicable laws and regulations and within the limits of authorized
appropriations.

(b) The Attorney General shall appoint a director for
the Division chosen from a list of nominees submitted to him by the Commission
who shall be responsible to and serve at the pleasure of the Attorney General
and the Commission.

(c) The Division shall administer such programs as are
assigned to it by the Commission. Administrative duties and responsibilities
shall include, but are not limited to, the following:

(1) Administering any and all programs assigned to the
Division by the Commission and reporting any violations of or deviations from
the rules and regulations of the Commission as the Commission may require;

(2) Compiling data, developing reports, identifying
needs and performing research relevant to improvement of the agencies;

(3) Developing new and revising existing programs for
adoption consideration by the Commission;

(4) Monitoring and evaluating programs of the
Commission;

(5) Providing technical assistance to agencies of the
justice system to aid them in the discharge of program participation and
responsibilities;

(7) Taking such other actions as may be deemed
necessary or appropriate to carry out its assigned duties and responsibilities;

(8) The director may divulge any information in the
Division's personnel file of a justice officer or applicant for certification
to the head of the department employing the officer or considering the
applicant for employment when the director deems it necessary and essential to
the retention or employment of said officer or applicant. The information may
be divulged whether or not such information was contained in a personnel file
maintained by a State or by a local government agency. (1983, c. 558, s. 1; 1995, c. 103, s. 6.)

§ 17E-7. Required standards.

(a) Justice officers, other than those set forth in
subsection (c1) of this section, shall not be required to meet any requirements
of subsections (b) and (c) of this section as a condition of continued
employment, nor shall failure of a justice officer to fulfill such requirements
make him ineligible for any promotional examination for which he is otherwise
eligible if the officer held an appointment prior to July 1, 1983, and is a
sworn law-enforcement officer with power of arrest. The legislature finds, and
it is hereby declared to be the policy of this Chapter, that such officers have
satisfied such requirements by their experience. It is the intent of the
Chapter that all justice officers employed at the entry level after the
Commission has adopted the required standards shall meet the requirements of
this Chapter. All justice officers who are exempted from the required entry
level standards by this subsection are subject to the requirements of
subsections (b) and (c) of this section as well as the requirements of G.S. 17E-4(a)
in order to retain certification.

(b) The Commission shall provide, by regulation, that
no person may be appointed as a justice officer at entry level, except on a
temporary or probationary basis, unless such person has satisfactorily
completed an initial preparatory program of training at a school certified by
the Commission or has been exempted from that requirement by the Commission
pursuant to this Chapter. Upon separation of a justice officer from a sheriff's
department within the temporary or probationary period of appointment, the
probationary certification shall be terminated by the Commission. Upon the
reappointment to the same department or appointment to another department of an
officer who has separated from a department within the probationary period, the
officer shall be charged with the amount of time served during his initial
appointment and allowed the remainder of the probationary period to complete
the basic training requirement. Upon the reappointment to the same department
or appointment to another department of an officer who has separated from a
department within the probationary period and who has remained out of service
for more than one year from the date of separation, the officer shall be
allowed another probationary period to complete such training as the Commission
shall require by rule for an officer returning to service.

(c) In addition to the requirements of subsection (b)
of this section, the Commission, by rules and regulations, may fix other
qualifications for the employment and retention of justice officers including
minimum age, education, physical and mental standards, citizenship, good moral
character, experience, and such other matters as relate to the competence and
reliability of persons to assume and discharge the responsibilities of the
office, and the Commission shall prescribe the means for presenting evidence of
fulfillment of these requirements.

Where minimum educational standards are not met, yet the
individual shows potential and a willingness to achieve the standards by extra
study, they may be waived by the Commission for the reasonable amount of time
it will take to achieve the standards required. Upon petition from a sheriff,
the Commission may grant a waiver of any provisions of this section (17E-7) for
any justice officer serving that sheriff.

(c1) Any justice officer appointed as a telecommunicator
at the entry level after March 1, 1998, shall meet all requirements of this
Chapter. Any person employed in the capacity of a telecommunicator as defined
by the Commission on or before March 1, 1998, shall not be required to meet any
entry-level requirements as a condition of continued employment but shall be
reported to the Commission for certification. All justice officers who are
exempted from the required entry-level standards by this subsection are subject
to the requirements of subsections (b) and (c) of this section as well as the
requirements of G.S. 17E-4(a) in order to retain certification.

(d) The Commission may issue a certificate evidencing
satisfaction of the requirements of subsections (b), (c), and (c1) of this
section to any applicant who presents such evidence as may be required by its
rules and regulations of satisfactory completion of a program or course of
instruction in another jurisdiction. (1983, c. 558, s.
1; 1987, c. 783, s. 8; 1991, c. 265, s. 3; 1995, c. 103, s. 7; 1997-443, s.
20.11(c).)

§ 17E-8. Special requirements; authorizations.

(a) Nothing in this Chapter shall be construed as a
condition precedent to the taking of the oath of office or the exercise of the
powers, duties or privileges of the offices of sheriff or justice officer.

(b) Any sheriff or justice officer, who has taken the
oath of office, or person who has received a special deputation for the purpose
from the sheriff, acts validly, and his arrests, executions, levies and sales
are valid, without regard to whether he has complied with this Chapter or the
rules or regulations adopted under this Chapter, unless he has been ordered to
cease and desist from such actions by the court, or pursuant to G.S. 17E-9. (1983, c. 558, s. 1; 1995, c. 103, s. 8.)

§ 17E-9. Compliance; enforcement.

(a) Any justice officer who the Commission determines
does not comply with this Chapter or any rules adopted under this Chapter shall
not exercise the powers of a justice officer and shall not exercise the power
of arrest unless the Commission waives that certification or deficiency. The
Commission shall enforce this section by the entry of appropriate orders
effective upon service on either the department or the justice officer.

(b) Any person who desires to appeal the proposed
denial, suspension, or revocation of any certification authorized to be issued
by the Commission shall file a written appeal with the Commission not later
than 30 days following notice of denial, suspension, or revocation.

(c) The Commission may appear in its own name and
apply to courts having jurisdiction for injunctions to prevent violations of
this Chapter or of rules issued pursuant thereto; specifically, the performance
of justice officer functions by officers or individuals who are not in
compliance with the standards and requirements of this Chapter or of rules
issued pursuant thereto. A single act of performance of a justice officer
function by an officer or individual who is performing such function in
violation of this Chapter is sufficient, if shown, to invoke the injunctive
relief of this section. (1983, c. 558, s. 1; 1995, c.
103, s. 9; 2001-490, s. 1.4.)

§ 17E-10. Donations to the Commission; grants and appropriations.

(a) The Commission may accept for any of its purposes
and functions under this Chapter any and all donations, both real and personal,
and grants of money from any governmental unit or public agency, or from any
institution, person, firm or corporation, and may receive, utilize and dispose
of same. Any arrangement pursuant to this section shall be detailed in a
biennial report of the Commission to the General Assembly. Such report shall
include the identity of the donor, the nature of the transaction, and the
conditions, if any. Any money received by the Commission pursuant to this
section shall be deposited in the State Treasury to the account of the
Commission.

(b) The Commission may authorize grants pursuant to
this section and consistent with the powers conferred upon the Commission under
G.S. 17E-6.

(c) The Commission in providing for the administration
of the grant program authorized by this section shall promote the most
efficient and economical program of criminal justice education and training,
including the maximum utilization of existing facilities and programs for the
purpose of avoiding duplication.

(d) The Commission may provide grants as a
reimbursement for actual expenses incurred by the State or any political
subdivision thereof for the provision of training programs providing said
political subdivisions and State law-enforcement agencies do adhere to the
selection and training standards established by the Commission. (1983, c. 558, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s.
9.)

§ 17E-11. Application and construction of Chapter.

(a) Nothing in this Chapter shall apply to the sheriff
elected by the people.

(b) Nothing in this Chapter shall be construed as
modifying the character of a sheriff from an elective office, or as modifying
the character of the office of deputy sheriff from an appointive office.

(c) If a justice officer, or a criminal justice
officer as defined in G.S. 17C-2(c), becomes sheriff, the justice officer is
not required to maintain certification for the period served as sheriff. The
Commission shall reinstate certification upon the conclusion of the period of
service as sheriff and in conformance with the rules of the Commission for the
application for certification. (1983, c. 558, s. 1;
1991, c. 265, s. 4.)

§ 17E-12. Pardons; expunctions.

(a) When a person presents competent evidence that the
person has been granted an unconditional pardon of innocence for a crime in
this State, any other state, or the United States, the Commission may not deny,
suspend, or revoke that person's certification based solely on the commission
of that crime or for alleged lack of good moral character due to the commission
of that crime.

(b) Notwithstanding G.S. 15A-145.4 or G.S. 15A-145.5,
the Commission may gain access to a person's felony conviction records,
including those maintained by the Administrative Office of the Courts in its
confidential files containing the names of persons granted expunctions. The
Commission may deny, suspend, or revoke a person's certification based solely
on that person's felony conviction, whether or not that conviction was
expunged. (1995, c. 103, s. 10; 2011-278, s. 4; 2012-191,
s. 7.)